--- title: Procedural Failures description: If your employer skipped fair process during disciplinary or dismissal actions, we’ll help you challenge procedural failures under ERA 2000. --- [Skip to content](https://solidarityemploymentadvocacy.com/procedural-failures#main-content) [![Solidarity Employment Advocacy Logo Banner Auckland New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/SEAL%20Logo%20Banner.png?width=1584&height=396&name=SEAL%20Logo%20Banner.png)Homepage](https://solidarityemploymentadvocacy.com/) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Overview](https://solidarityemploymentadvocacy.com/services) - [How We Support Employees with Employment Disputes](https://solidarityemploymentadvocacy.com/services#how-we-support-employees) - [Employment Matters We Specialise In](https://solidarityemploymentadvocacy.com/services#employment-matters-we-specialise-in) - [Unfair Treatment At Work](https://solidarityemploymentadvocacy.com/unjustified-disadvantage) - 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Proper Consultation. Disciplinary. Employment Decisions. Employment Relations Act 2000. Employment Rights. Workplace Matters.](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/32_-1.webp?width=800&height=447&name=32_-1.webp "Procedural failures. Proper Consultation. Disciplinary. Employment Decisions. Employment Relations Act 2000. Employment Rights. Workplace Matters.") # Procedural Failures ### What It Is Procedural failure means your employer didn’t follow a fair and reasonable process when making a decision that affected you — such as in a disciplinary action, redundancy, suspension, or dismissal. Even when the employer has a valid concern, a flawed procedure can still render their actions unjustified under ERA 2000 s 103A. Examples include: - Not providing you with all relevant evidence before a disciplinary meeting. - Failing to allow you to respond properly to allegations. - Predetermining outcomes before hearing your side. - Failing to notify you of your right to representation. ### Your Rights and the Law - **ERA 2000 s 103(1)(a)–(b)** — You may raise a personal grievance for unjustified dismissal or disadvantage if you were dismissed (including constructive dismissal). - **ERA 2000 s 103A** — The “fair and reasonable employer” test requires both substantive and procedural fairness. - **ERA 2000 s 4** — Employers must act in good faith — openly, honestly, and without misleading conduct. - **A Ltd v H \[2016\] NZCA 419** — The Court of Appeal confirmed that fairness must be judged holistically, not on “checklist perfection.” - **GF v Comptroller of the New Zealand Customs Service \[2023\] NZEmpC 101** — Reinforced the need for natural justice and proportionality in disciplinary processes. ### Process (How a Case Generally Proceeds) 1. **Identify the Defect** — Was there lack of notice, failure to disclose evidence, or no chance to comment? 2. **Raise a Personal Grievance (PG)** — Within 90 days (ERA s 114). 1. **Mediation** – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation. 2. **Employment Relations Authority Investigation** – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination. 3. **Employment Court Appeal** – Possible for errors of law or procedure. ### Potential Outcomes / Remedies - **Compensation** for hurt, humiliation and injury to feelings (ERA s123). - **Lost wages** if dismissal or suspension resulted (ERA s 128). - **Reinstatement** (ERA s 125). - **Declarations and penalties** for bad-faith conduct (ERA s 4A). - **Training or procedural orders** requiring employers to correct processes - **Costs** ### Take Action Today If you believe your employer’s process was unfair — whether in a disciplinary, redundancy, or performance matter — you may have a valid claim under ERA 2000 s 103A. [Get in touch with us](https://d.docs.live.net/89efc045ef4485f9/Documents/solidarityemploymentadvocacy.com/contact) to arrange a no-obligation consultation about your situation. We will review your documents, assess procedural flaws, and help you pursue the remedies you’re entitled to. 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